Norris v. Bunting

Filing 6

REPORT AND RECOMMENDATION: the Petitioner shall pay the $5.00 filing fee in full within fourteen (14) days. Further, it is recommended that, if the petitioner fails to pay the filing fee as ordered, this case be dismissed for lack of prosecution. Objections to R&R due within fourteen (14) days. Signed by Magistrate Judge Terence P. Kemp on 4/21/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Derrick Cameron Norris,

:

Petitioner,
v.

:
:
:

Jason Bunting,
Respondent.

Case No. 2:15-cv-764
JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp

:

REPORT AND RECOMMENDATION
On February 17, 2015, Petitioner filed a petition for a writ
of habeas corpus in the Northern District of Ohio.

He neither

paid the filing fee nor submitted an application to proceed in
forma pauperis.

Following the transfer of the case, the Court

issued an order dated March 4, 2015, directing petitioner to pay
the filing fee in full ($5.00) or submit an application to
proceed in forma pauperis within twenty-eight days.

Petitioner

has not responded to the order.
If a prisoner who seeks habeas corpus relief does not comply
with a district court’s deficiency order directing payment of the
full filing fee or a proper application to proceed in forma
pauperis, the district court must presume that the petitioner is
not a pauper and assess the full filing fee.

McGore v.

Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997).

Consequently,

the Court will assess the full filing fee against petitioner.
Further, the Court will recommend that this case be dismissed for
failure to prosecute if petitioner does not pay the fee in full
within fourteen days of the date of this Report and
Recommendation.

Id.

Based on the foregoing, the petitioner shall pay the $5.00
filing fee in full within fourteen days of the date of this

Report and Recommendation.

Further, it is recommended that, if

petitioner fails to pay the filing fee as ordered, this case be
dismissed for lack of prosecution.
PROCEDURE ON OBJECTIONS
If any party objects to this Report and Recommendation, that
party may, within fourteen days of the date of this Report, file
and serve on all parties written objections to those specific
proposed findings or recommendations to which objection is made,
together with supporting authority for the objection(s).

A judge

of this Court shall make a de novo determination of those
portions of the report or specified proposed findings or
recommendations to which objection is made.

Upon proper

objections, a judge of this Court may accept, reject, or modify,
in whole or in part, the findings or recommendations made herein,
may receive further evidence or may recommit this matter to the
magistrate judge with instructions.

28 U.S.C. §636(b)(1).

The parties are specifically advised that failure to object
to the Report and Recommendation will result in a waiver of the
right to have the district judge review the Report and
Recommendation de novo, and also operates as a waiver of the
right to appeal the decision of the District Court adopting the
Report and Recommendation.

See Thomas v. Arn, 474 U.S. 140

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

/s/ Terence P. Kemp
United States Magistrate Judge

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